Dáil Éireann debate -
Thursday, 14 May 1998

Vol. 491 No. 2

Written Answers. - Court Proceedings.

Pat Rabbitte

Question:

14 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to amend the law to clarify the powers of courts to hear cases in camera or in chambers; and if he will make a statement on the matter. [11369/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

Article 34.1 of the Constitution requires that justice shall be administered in public, save in such special and limited cases as may be prescribed by law. The principles enshrined in this provision in the Constitution have been underpinned in a number of Supreme Court decisions. The court's view is that every aspect of the administration of justice must be conducted in public save where an Act of the Oireachtas otherwise provides; there is no general judicial discretion to have proceedings heard in camera; and such power exists only where expressly conferred by Statute.

There are diverse statutory exceptions to the rule contained in Article 34.1, the majority of which concern the hearing of family law cases, cases involving children and proceedings involving secret manufacturing processes. Other statutory provisions are designed to prevent prejudice to an accused which could result if the power to exclude the public was not available. Not all of the statutory provisions come within the area of responsibility of my Department.

In so far as my Department is concerned I can say that the law as it operates in this area is kept under review. A provision in the Children Act, 1908, under which the court has the power to have the court cleared while a child is giving evidence in certain cases, is already the subject of repeal and re-enactment in the Children Bill, 1996. The discussion paper on the law on sexual offences will address the question of publicity surrounding sexual offence cases. The recommendations for changes in the family law area contained in the report of the Law Reform Commission on Family Courts are, together with other recommendations in that report, being examined by the working group on a courts commission.

Any specific proposals I may have for legislative change will be announced in the normal way in due course.